Northeast Plant Expansions for Wild Horse, Taylor Lane, and

FORM 2
NON-COLLUSION, NON-CONFLICT OF INTEREST AND
ANTI-LOBBYING
Solicitation Number: CLMP395A
Project Name: Northeast Plant Expansions for Wild Horse, Taylor Lane, and Pearce
Lane WWTPS
For purposes of these requirements:
The term "Respondent", as used herein, includes the individual or business entity submitting the
bid includes the directors, officers, partners, managers, members, principals, owners, agents,
representatives, employees, other parties in interest of the Respondent, and anyone or any entity
acting for or on behalf of the Respondent, including a subcontractor in connection with this bid.
The terms "City" and "Owner" are synonymous.
1. Anti-Collusion Statement. The Respondent has not and will not in any way directly or indirectly:
a. colluded, conspired, or agreed with any other person, firm, corporation, respondent or
potential respondent to the amount of this bid or the terms or conditions of this bid.
b. paid or agreed to pay any other person, firm, corporation respondent or potential
respondent any money or anything of value in return for assistance in procuring or
attempting to procure a contract or in return for establishing the prices in the attached bid
or the bid of any other respondent.
2. Preparation of Request for Qualifications and Contract Documents. The Respondent has
not received any compensation or a promise of compensation for participating in the
preparation or development of the underlying bid or contract documents., In addition, the
Respondent has not otherwise participated in the preparation or development of the underlying
bid or contract documents, except to the extent of any comments or questions and responses in
the bidding process, which are available to all respondents, so as to have an unfair advantage
over other respondents, provided that the Respondent may have provided relevant product or
process information to a consultant in the normal course of its business.
3. Participation in Decision Making Process. The Respondent has not participated in the
evaluation of bids or proposals or other decision making process for this solicitation, and, if
Respondent is awarded a contract hereunder, no individual, agent, representative, consultant
or sub contractor or consultant associated with Respondent, who may have been involved in
the evaluation or other decision making process for this solicitation, will have any direct or
indirect financial interest in the Contract, provided that the Respondent may have provided
relevant product or process information to a consultant in the normal course of its business.
4. Present Knowledge. Respondent is not presently aware of any potential or actual conflicts of
interest regarding this solicitation, which either enabled Respondent to obtain an advantage
over other respondents or would prevent Respondent from advancing the best interests of
OWNER in the course of the performance of the Contract.
5. City Code. As provided in Sections 2-7-61 through 2-7-65 of the City Code, no individual with a
substantial interest in Respondent is a City official or employee or is related to any City official
or employee within the first or second degree of consanguinity or affinity.
6. Chapter 176 Conflict of Interest Disclosure. In accordance with Chapter 176 of the Texas
Local Government Code, the Respondent:
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a. does not have an employment or other business relationship with any local government
officer of OWNER or a family member of that officer that results in the officer of family
member receiving taxable income;
b. has not given a local government officer of OWNER one or more gifts, other than gifts of
food lodging transportation or entertainment accepted as a guest, that have an aggregate
value of more than $100 in the twelve-month period preceding the date the officer becomes
aware of the execution of the Contract or that OWNER is considering doing business with
the Respondent; and
c. does not have a family relationship with a local government officer of OWNER in the third
degree of consanguinity or the second degree of affinity.
As required by Chapter 176, Respondent must file the Conflicts of Interest Questionnaire with
Austin Financial Services no later than the seventh business day after the commencement of
contract discussions or negotiations with the City or the submission of a Bid, response to a
request for proposals, or other writing related to a potential contract with OWNER. The
questionnaire must be updated not later than the seventh day after the date of an event that
would make a statement in the questionnaire inaccurate or incomplete. There are statutory
penalties for failure to comply with Chapter 176.
7. Anti-Lobbying Ordinance. On June 14, 2018, the Austin City Council adopted Ordinance No.
20180614-056 replacing Chapter 2.7, Article 6 of the City Code relating to Anti-Lobbying and
Procurement. The policy defined in this Code applies to Solicitations for goods and/or services
requiring City Council approval under City Charter Article VII, Section 15 (Purchase
Procedures). The City requires Respondents submitting Responses to this Solicitation to certify
that the Respondent has not in any way directly or indirectly had communication restricted in
the ordinance section 2-7- 104 during the No-Lobbying Period as defined in the Ordinance,
which can be viewed in the solicitation Instructions to Consultants. The text of the City
Ordinance is posted on the Internet at:
https://library.municode.com/tx/austin/ordinances/code_of_ordinances?nodeId=901794
8. Pursuant to Texas Government Code 2271.002, the City is prohibited from contracting with
any "company" for goods or services unless the following verification is included in this
Contract.
a. For the purposes of this Section only, the terms "company" and "boycott Israel" have the
meaning assigned by Texas Government Code 2271.001.
b. If the Respondent qualifies as a "company," then Respondent verifies that it:
i. does not "boycott Israel"; and
ii. will not "boycott Israel" during the term of this Contract.
c. Respondent's obligations under this Section, if any exist, will automatically cease or be
reduced to the extent that the requirements of Texas Government Code Chapter 2271 are
subsequently repealed, reduced, or declared unenforceable or invalid in whole or in part by
any court or tribunal of competent jurisdiction or by the Texas Attorney General, without
any further impact on the validity or continuity of this Contract.
9. Respondent certifies that it is aware of City Council Resolution No. 20191114-056, which
prohibits the City from contracting with entities that engage in certain practices related to
conversion therapy. By responding and accepting this Contract, the Respondent agrees that:
(1) its firm and its principals are not currently and will not during the term of the Contract
engage in practicing LGBTQ+ conversion therapy; referring persons to a healthcare provider or
other person or organization for LGBTQ+ conversion therapy; or contracting with another entity
to conduct LGBTQ+ conversion therapy; and that (2) if the City determines in its sole discretion
that Respondent has during the term of this Contract engaged in any such practices, the City
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may terminate this Contract without penalty to the City.
10. Pursuant to Texas Government Code Chapter 2275, Respondent certifies that if it has or will
have remote or direct access to communication infrastructure systems, cybersecurity
systems, the electric grid, hazardous waste treatment systems, or water treatment facilities as
a result of any City contract, that Respondent is not:
a. owned by or the majority of stock or other ownership interest of its firm is not held or
controlled by:
i. individuals who are citizens of China, Iran, North Korea, Russia, or a Governor-
designated country; or
ii. a company or other entity, including a governmental entity, that is owned or controlled
by citizens of or is directly controlled by the government of China, Iran, North Korea,
Russia, or a Governor-designated country; or
iii. headquartered in China, Iran, North Korea, Russia, or a Governor-designated country.
11. Pursuant to ERCOT Protocols Section 16.1.4(1)(b), we verify that if we provide Critical Electrical
Grid Equipment (CEGE) or Critical Electric Grid Services (CEGS), any CEGE or CEGS we provide
were not manufactured, produced, created, or otherwise provided by a Lone Star Infrastructure
Protection Act (LSIPA) Designated Company.
Critical Electric Grid Equipment (CEGE). (1) Equipment accessible by means of routable
connectivity that, as installed, can be used to gain remote access to or control of ERCOT
System Infrastructure, the ERCOT Wide Area Network (WAN), or Market Information System
(MIS), if such equipment, if destroyed, degraded, misused, or otherwise rendered
unavailable would, within 15 minutes or less of its mis-operation, non-operation, or
required operation, adversely impact the reliable operation of ERCOT System
Infrastructure. Redundancy of affected facilities, systems, and equipment shall not be
considered when determining adverse impact. (2) For Load Resources, this definition only
applies to equipment used to send and receive ERCOT telemetry and ERCOT Dispatch
Instructions. (3) For purposes of this definition, "reliable operation of ERCOT System
Infrastructure" means operating elements of ERCOT System Infrastructure within
equipment and electric system thermal, voltage, and stability limits so that instability,
uncontrolled separation, or cascading failures of ERCOT System Infrastructure will not
occur as a result of a sudden disturbance, including a cybersecurity incident, or
unanticipated failure of system elements.
Critical Electric Grid Services (CEGS). Services and software provided by a vendor for the
operation, control, monitoring, maintenance, or use of Critical Electric Grid Equipment
(CEGE), excluding access specifically allowed by the purchaser for product warranty or
support purposes.
ERCOT System Infrastructure. The Transmission Facilities, distribution facilities,
Resources, Settlement Only Generators (SOGs), and Emergency Response Service
(ERS) Resources that comprise the ERCOT System and the physical and virtual cyber
assets used to control the ERCOT System.
Lone Star Infrastructure Protection Act (LSIPA) Designated Company. An Entity
(including an LSIPA Affiliate) that meets any of the company ownership or headquarters
criteria listed in Texas Business and Commerce Code, Section 117.002(a)(2)(A)-(b)(2)(B) or
Texas Government Code Section 2275.0102(a)(2)(A)-(b)(2)(B).
Lone Star Infrastructure Protection Act (LSIPA) Designated Country. China, Iran, North
Korea, Russia, or a country designated by the Governor as a threat to critical infrastructure
pursuant to Texas Business and Commerce Code, Section 117.003 or Texas Government
Code, Section 2275.0103.
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Lone Star Infrastructure Protection Act (LSIPA) Affiliate. An Entity that, directly or
indirectly, through one or more intermediaries, controls, is controlled by, or is under
common control with the LSIPA Designated Company. For purposes of this definition,
"controls," "controlled by," or "under common control with" shall mean (1) the ownership
of 20 percent or more of the outstanding securities of an Entity or (2) the power of an Entity,
directly or indirectly, through one or more intermediaries, to direct the management and/or
policies and procedures of another Entity. Ownership by an Entity of equity securities
(whether publicly traded or not) of another Entity shall not result in control for purposes of
this definition if the holder owns (in its name or via intermediaries) 20 percent or more of
the outstanding securities of the Entity, and: (a) the securities are held as a passive
investment; (b) the holder does not have representation on the Entity's board of directors
(or equivalent governing body) or vice versa; and (c) the holder does not in fact exercise
influence over day-to-day management decisions.
12. Pursuant to Texas Government Code Chapter 2274, Respondent certifies that, if it has 10 or
more full-time employees, Respondent: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2) will not
discriminate during the term of the resulting contract against a firearm entity or firearm trade
association.
13. Pursuant to Texas Government Code Chapter 2276, Respondent certifies that, if Respondent
has 10 or more full-time employees, Respondent: (1) does not boycott energy companies; and
(2) will not boycott energy companies during the term of the contract.
END
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